FOUNTAIN HILL SETTLES HOME-SEARCH SUIT OUT OF COURT

Fountain Hill Borough Council last night took the advice of its attorney, Donald Lipson, and approved the out-of-court settlement of a civil case pending in federal district court.

In a suit filed last September, Brian Stenger and his mother, Evelyn Wiley, both of 11 Warren St., alleged that three borough police officers appeared at their home early on Aug. 14, 1985, and "began to search outside the home on the premises, ostensibly investigating a series of traffic citations."

Wiley and Stenger claimed the officers had no search warrant and "no adequate constitutional basis for their activities."

According to the suit, the officers knocked at the front door, rousing the pair, then "after being told on several occasions to leave" the premises, "forced their way into the home, shoving Wiley aside and striking Stenger on numerous occasions." Wiley and Stenger were then arrested.

Charging that their civil rights were violated, Wiley and Stenger each sought $10,000 in punitive damages from the three officers, former Police Chief Karl Wied and the borough.

Lipson explained that, duringpretrial activities in federal district court in Reading, the judge assigned to the case "strongly recommended" it be settled out of court.

Lipson previously met with council members in a closed, executive session where he outlined the proposed terms of settlement. He said last night that it would be inappropriate to discuss those terms, or the amount of the settlement, publicly since the agreement is still not final and the case has not been dismissed.

He stressed that council's decision to settle "should be not construed as an admission of any wrongdoing on the part of the borough or any of its police officers." Rather, he said, council acted "reasonably and prudently" to avoid the inevitable court costs which the borough would incur, regardless of the outcome of the trial.

Lipson said he would report back to council about the case at the next regular monthly meeting, July 6.

Also, council decided to write a letter to Bath Borough Council, objecting to a letter Bath Mayor Elizabeth Fields sent to the Fountain Hill Police Department after she was fined $5 for a parking violation.

In the letter, dated May 27 and written on Bath borough stationery, Fields commented on the Fountain Hill Police Department's recent crackdown on parking violators. "Being a mayor, I am certainly conscious of the necessity of obeying and enforcing laws," she wrote. "But to get to the point of handing out tickets to prove you're unbiased and performing your duty would be laughable if it were not so sad."

Fields said she had previously received two "justified" tickets for parking too close to a stop sign, "but this third ticket is amazing. I measured the distance - 24 feet - difficult to tell with the naked eye. Or perhaps part of your uniform is measuring tape." Under state law, parking within 30 feet of a stop sign is prohibited.

"Thank God I don't live there," she said in closing.

Councilman Robert Barnes asked borough Secretary Randy Soriano to notify Bath Borough Council of Fountain Hill Borough Council's "surprise, disappointment and disapproval of their mayor's action." He said Fields' letter, which was about a personal matter, was "inappropriate as a communication from the office of the mayor."

Fountain Hill Police Chief Wally "Skeeter" Fry Jr. also wrote to Fields, saying he felt "strongly that we were unduly criticized for doing what in fact is simply our job."

Fields could not be reached last night for comment.

In other action, council appointed Michael Baksa of 632 S. Lynn St. to fill a vacancy on the Zoning Hearing Board, and adopted an ordinance to limit parking on the east side of Bishopthorpe Street, between Broadway and Schoenen Street, to two hours from 8 a.m. to 5 p.m. Mondays through Fridays.

Also, council had first reading of an ordinance to establish a no-parking zone on the west side of Dorothy Street between Cherry Street and Broadway from 2-5 p.m. Mondays through Fridays.

Last night's council meeting was preceded by a public hearing to discuss the borough's application for a 1987 Community Development Block Grant. Bob Kelly of Urban Research and Development Corp. of Bethlehem detailed the application in which the borough is requesting a $82,212 grant to finance the reconstruction of Jeter Avenue between Bergen and Hoffert streets.

Soriano said $72,000 would go towards engineering costs and the actual road work. The rest would be used to pay for administration of the grant.

The borough is submitting a partial application to meet the state Department of Community Affairs' June 5 deadline. Council will have a second public hearing to formally adopt the plan during its monthly workshop, June 29.